HomeMy WebLinkAbout1965-11-08-min 3LJu
et
Xab
SEIE CTMEN'S MEETING
November 8, 1965
A regular meeting of the Board of Selectmen was
held in the Selectmen's Room, Town Office Building,
on Monday, November 8, 1965, at 7 :30 P.M. Chairman
Cole, Messrs . Burnell, Cataldo, Sheldon and Mabee
were present . Mr. Gray, Executive Assistant , Mr.
Carroll, Superintendent of Public Works , and Miss
Murray, Executive Clerk, were also present .
Mr. Gray read a letter from Governor Volpe rela-
tive to new emergency planning to strengthen national
security The Governor requested the Board to supply
him with answers to an attached questionnaire on warning
systems and also to review material on duties of a local
Ration Board. He asked for the names of present local
Ration officials or members of an existing municipal body who
Board he might appoint to carry out orderly distribution
duties in the event of a grave national emergency
Mr Gray stated the normal thing is to have rationing
under Civil Defense
Mr . Cataldo explained there are two different functions
involved
Mr. Gray said some of the surrounding towns are
placing this under Civil Defense .
The Chairman asked the Board to give some thought
to the subject and Mr Gray to check surrounding towns
for the bis of their thinking for putting this under
Civil Defense.
Mr. Gray stated an Epplication had been received
from the Board of Health for permission to conduct a
Use of meeting in Estabrook Hall on December 1, 1965 from
hall 2 00 P.M. until 4:30 P.M. for a Senior Citizens ' Meeting .
The meeting will be open to the public and no charge
made
Upon motion duly made on d seconded, it wns voted
to approve the application, free of charge
Mr . Gray informed the Board he had received a
letter from the Cemetery Commissioners requesting a
transfer of $346 He explained that an automobile
Transfer ran into the fence and the damage was paid for by the
insurance company but the check went into receipts
and did not snow up in the Commissioners ' account
Upon motion duly made andseconded , it was voted
to recommend to the Appropriation Committee that a
transfer of $346 be made from the Reserve Fund to the
Cemetery Expenses Account
381
Mr Gray also explained the Commissioners ' request
for a transfer of $1,000 to the Cemetery Expenss; Account,
necessitated because of the numerous burials that were Transfer
made on Saturdays and holidays
Upon motion duly made and seconded, it was voted
to recommend to the Appropriation Committee that a
transfer of $500 be made from the Reserve Fund to the
Cemetery Personal Services Account
Mr. Gray reported that the Capital Expenditures '
report includes three items under the Board of Selectmen -
Selectmen's option money, $3,500, additions and reno- Capital
vations to the Town Offices, $200,000 He said he would Expendi-
find out what the Police Building cost and then add a tures
percentage to cover the increased costs He said they
had, under 1965, the center development, but as far as
he knew, he felt the Board did not want any figures on
this p rticular section
Mr Gray reported a meeting he had with Leon Burke
relative to the program for guides He said he would
have the twelve points typed up and mailed to the Board .
Mr . Sheldon suggested that the Board make a decision Guides
either next week or the week after.
Mr. Gray said that Mr Burke is definitely interested
in the position of Director of Guides*
Mr. Sheldon said before any guides from Lexington are
permitted to go to Concord, the subject should be discussed
with Concord He sugLested that Mr Gray find out how
the Town of Concord feels on the subject
Mr . Gray said he had taken proposals on tax title
lots last Friday as follows Tax titles
Lot S7 James Street Homeland Realty $325.00
Alfred Iodice 300.00
He explained Mr. Iodice made the original offer,
is an abutter and wants the land to use as a pasture
Upon motion duly made and seconded, it w s voted
to reject all bids
Upon motion duly made nd seconded, it was voted
to readvertise
Lot 3 Valleyfield Street Homeland R alty $ 1,650.
George Pettinelli 225
Edward Domings 1,000
William Hooper 210
Peter Sokow 1,800
38p GJ
L. r2
Mr . Carroll said there are no betterments and Mr
Cataldo pointed out the lots are on an unfinished street
Upon motion duly made andseconded , it was voted
to sell and convey Lot 3 Valleyfield Street to Peter
Sokow, tae highest oidder , for $1,800.
Lots 52 and 53 Valleyfield Street Peter Sowkow $2,300 .
Scenlon 500
Hooper 350.
Edward Domings 1,200.
Mr . Burnell sug ested making two seventy-five foot
lots .
Mr. Cataldo pointed out there are no other seventy-
five foot lots on the street, the maximum one hundred
feet.
Mr. Carroll said there is a drain easement on one
of those lots
U--'on motion duly made andseconded , it was voted
to reject all bids .
Upon moticn duly made and seconded, it was voted
to readvertise these two lots .
Lot 8 Grassland Edward Domings $1,300.
Hooper 210.
Peter Sowkow 1,800
Mr. Carroll said there is sewer in Grassland Street
but no water in front of the lot . He said the gap should
be connected up
The Chairman asked if there were any betterments,
and Mr. Carroll replied not yet .
Mr. Cataldo pointed out the lot is on an unfinished
stre t
Upon motion duly made and seconded, it was voted
to reject all bids .
Upon motion duly made andseconded, it was voted
to readvertise this lot .
Mr. rarroll sFid he thought it would be wise for
the Board to hold off on these lots . Once the street
is paved and drained, the lots would be worth more money
Mr . Sheldon s,,id that .could apply to both bids the
Board ha voted to reject
Mr. Gray pointed out the Board has already voted
to sell one _ot .
Mr Cataldo said with all the betterments , there
is no question but the Town would get at least $6,000
Mr . Carroll said the Bard asked him to lop-k into
the operation of the new Public Facilities Building He
383
reported he had no figures from the Edison and gas com-
panies, for lighting and heating, but he tnought $1500
should be appropriated for supplies in order to maintain
the building for the first year He said the Park De-
partment could maintain it during the winter until next
spring and get some record of experience He said the
absolute maximum wculd be half a day He said first of
all, someone would have to go in there every day for two
or three hours He said as far as the Park Department
is concerned , the summertime would be a problem. He said
if the Board wants someone in there with the Chamber of
Commerce woman, then it will have to pay a person, which
becomes quite expensive
Mr Sheldon said there is a public building here and
it cannot be left without supervision. He said neither
could the Board depend on whomever the Chamber of Commerce
puts in the , and there shoild be a man there as janitor
all the time the building is open, a full-time man He
said the Town built the building and it has to be super-
vised and maintained.
Mr Mabee sugcested a janitor service part-time and
then have an on-call system.
Mr . Sheldon said he"e is a public building that the
public is gong to use and the Board could not expect the
lady working for the Chamber of Commerce to handle a rumpus
The Chairman said the Town did vote for the building
and it is up to the Board to administer it and he agreed
with Mr Sheldon, there will be trouble without some kind
of control. He said if this involves two men, that is
what it involves
Mr. Carroll said the most economical solution would
be to replace the lady with a man.
Mr.Mabee exolained that the woman is not costing the
Town any money as she will be paid by the Chamber of Coml,erce
Mr Mabee said there has been no experience with this
building and he could not see, at the beginning, putting
on a full-time custodian
Mr Cataldo said when the building is open, it will
determine what respect the people have for it, and if the
rules a 'e made at the beginning, there would not be any
trouble. He said the money can be included in the budget
and it will then be available if needed
Mr Sheldon recommended including an item in the
budget to provide for full-time supervision.
Mr. Carroll asked if the Board wanted an item in
his personal services budget for a full-time man
Mr Mabee said with the understanding the money
will not be spent unless it is found to be necessary
384
Upon motion duly made and seconded, it was voted
to go into Executive Session for the purpose of discussing,
Executive deliberating or voting on matters which, if made public,
Session might adversely affect the public security, the financial
interest ofthe Town, or the reputation of any person.
Following discussion with Mr Carroll relative to
one of his employees , it was voted to resume the open
meeting
Letter was received from Robert E. Bond, 6 Demar
Road, inquiring about sewer facilities in his area
Sewer Mr Carroll said he has this in his 1967 budget
and suggested that the Board so advise Mr . Bond
The Chairman read a letter from Mrs John Doughty,
197 Westminster Avenge, asking the Town to remove the
leaves from th, stret as her husband is unable to take
Leaves care of them
It was agreed to advise Mrs Doughty that this is
not one of the services provided by the Town
The Chairman read a letter from Mrs . George P. Morey
requesting deferment of the street betterment assessment
of $1250 levied against her property on Blake Road
Upon motion duly made and seconded, it was voted,
Assessment under the provisions of Chapter 159 of the Acts of 1950,
deferred to extend the time for payment of $1250 street better-
ment assessment levied against an unnumbered lot owned
by Mrs . George P. Morey and located on Blake Road, with-
out interest, until said land or any part thereof is
built upon, sold or until the expiration of three years
from the date hereof, whichever event occurs first; pro-
vided , however, this extension of time shall terminate
immediately if said land or any portion thereof is built
upon or sold
Form letter was received from the State Department of
Snow Public Works with reference to snow removal on Route 2A
removal Town Gap - 0.20 miles
It was agreed to follow the policy established some
years ago whereby the State will plow the entire length
of Maple Street , and the Town will remove the snow from
all of Massachusetts Avenue.
Letter was received from the Mystic Valley Gas Com-
pany requesting permission to locate a L " and 6" welded
steel gas main in York Street and Woodland Road
Mr. Carroll stated Mr Herbert Carlson, York Street,
wanted to know if theTown would supply the drain pipe
for the street when the gas main is put in He said
he would investigate and see whether or not it would be
a benefit to the Town In the meantime he understood the
gas main was not going this way at all and heard that the
request had been withdrawn Gas Main
The Chai man sugge ted, and the Board agreed, to
defer action for one week
Mr Mabee said he tnought York Strret should be
accepted
Mr Car oll said he had his budget all prepared
Mr Mabee explained he did not mean this year, but
it should be constructed some year
Letter was received from Ralph E. Pedersen, 146 Grove
Street, claiming damages in the amount of $13.55 to his
car due to a hole in East Street
The Chairman said this should be re erred to Town Claim
Counsel to determine the Town 's liability.
Mr Carroll said it depends on whether there was
a pot hole or a drainage trench
It was agreed to refer the claim to Town Counsel
Letter was received from Arnold L)tern, 11 Woodcliffe
Road, inquiring about the sewer and drain easements in
connection with the Woodhaven Trunk Sewer
1 The Chairman suggested that the letter be referred
to Town Counsel who already has an appraisal on the pro-
perty and hold this over for one week.
Mr. Carroll retired at 9 50 P.M
Letter was received from Samuel H. Cohen, attorney
for the New Amsterdam Casualty Company, requesting the New Amster
Board to make an offer in settlement of damages for ease- dam Casual
ments taken in land in which the company is part owner ty Co.
The Board carefully considered the question of claim
damages and determined that the construction for which
the taking was made will benefit the land , and thet if
any damage might result from the taking, the amount of
such benefit greatly exceeds any such dan-age , In reach-
ing its decision, the Board took into account the fact
that no bett rments a-e to be assessed on this land for
this improvement
Letter was received from Mr Legro, Town Counsel,
with an order of taking of slope ea ements on Lowell
Street
Upon motieh duly made nd seconded, it was voted
to adopt an order of taking of slope easements on Lowell
Street in the following form
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, SS. TOWN OF LEXIWTON
AT a meeting of the Board of Selectmen of the Town of Lexington
held on the 8th day of November, 1965, it is
ORDERED : Whereas the Selectmen are the board of officers
authorized to tae land by eminent domain under Chapter 79 of the
General Laws in connection with the laying out, widening, altering
or relocating of a public way in Lexington, and
WHEREAS, the Selectmen have determined that it is necessary
to construct slopes in certain land hereinafter described abut,
ting on Lowell Street in Lexington in order to protect the land
within the locations of said public way.
NOW, THER':r'ORE, we, the undersigned, being a majority of the
Board of Selectmen of said Town of Lexington, duly elected and
qualified and acting as such, do hereby, under and by virtue of
the provisions of Section 32B of Chapter 82 of the General Laws
and of the provisions of Chapter 79 of the General Laws, and all
acts in amendment thereof and in addition thereto, and of any and
every other power and authority us hereto in any way enabling,
take in the name and on behalf of said Town of Lexington the
perpetual rights and easements to enter upon, remove, deposit ,
slope, bank and maintain upon She parcels ofland hereinafter
described wh_ tever material, filling or support may be deened
necessary for the protection of the street to be reconstructed
within the location of Lowell Street , a public way in said Lex-
ington, said parcels of land being situated on the westerly and
easterly sides of said Lowell Street and being shown on a plan
entitled "Plan of Slope Easements Lowell St . Lexington Mass . ",
dated August 31, 1965, by John J. Carroll, Town Engineer, to be
recorded herewith, to .Jhich plan reference is hereby made for a
more particular description of each of said parcels of land .
Said rights and easements in the above described parcels of
land are taken without interference with or prejudice to the
rights of the owners, except so far as is reasonably necessary
in the exercise of the rights and easements hereby taken, and
them is reserved to the owners and their heirs, successors and
assigns, all their rights in and to the use of their land lying within
said above described parcels for all lawful purposes not incon-
sistent with the use thereof for all of the purposes for which
said rights and easements a e hereby taken
On each occasion that the Town enters upon the land in which
the aforesaid rights and easements are taken and performs any
work thereon, it shall be the obligation of the Town to remove
387
all surplus material and to leave the surface of the premises in
reasonably as good condition as when the entry was made
Any trees upon the land included within the above described
parcels of land a e included within the taking
The land in which the aforesaid rights and easements are
taken is believed to belong to the fol, owing named parties, but
if the names of the owners of any of said land or of any interest
therein is not stated or is not correctly stated, it is to be
uhderstood that such land or interest is owned by an owner or
owners unknown to us
Unregistered Land
Lots as Indicated
Owner on Aforesaid Plan
William J. McLaughlin and Jeanette A
McLaughlin, husband and wife Lot Bi
Anna R. Paul, Pasquale A. Alibrandi
and Joseph F. Alibrandi Lot J
Joseph F. Alibrandi and Lambertha A
Alibrandi, husband and wife Lot H
Salvatore J. Mcsca and Barbara J
Mosca, husband and wife Pt . Lot A
Donald H. Quinn and Margaret M
Quinn, husband and wife Pt . Lot 13
Harold P. Sinclair and Doris Ann
Sinclair, husband and wife Pt . Lot 10
No betterments are to be assessed for this improvement but
the Town reserves the right to assess betterments for sidewalks
to be constructed on the westerly side of Lowell Street under a
separate order
n And said Board , havin , considered the question of damages ,
hereby determines that no damages have been sustained and none
are awarded
WITNESS our hands at Lexington aforesaid this 8th day of
November, 1965
TOWN OF LEXINGTON
By /s/ Lincoln P Cole . Jr.
' /s/ Ii H. Mabee
/s/ Robert Cataldo
/s/ Levi G. Burnell
/s/ George C. Sheldon
Majority of the Board of Selectmen
388 a,
COP•M';ONWEALTH OF MASSACHUSETTS
Middlesex, ss November 8, 1965
Then personally appeared the above-named Lincoln P Cole, Jr ,
Levi G. Burnell, Robert Cataldo, George C. Sheldon and Irving H
Mabee, known to me to be a majority of the duly elected , qualified
and acting Selectmen of the Town of Lexington, and severally
acknowledged the foregoing instrument to be their free act and
deed , before me,
/s/ Hazel J. Murray
Notary Public
My commission expires November 12 , 1971
Letter from Mrs John Lambergs , 668 Marrett Road,
requesting some type of warning sign on Marrett Road
Traffic just off Route 128 was referred to the State Department
of Public Works by the Traffic Study Committee.
Letter was received from the Board of Assessors inquir-
ing about an agreement between the Board of Selectmen
Berman's and Berman's Liquor Mart whereby the entire area of their
Liquor land must be devoted to the liquor business .
License Excerpts were taken from the Selectmen 's Meeting of
March 2, 1959, March 9, 1959 and August 7, 1961 and sub-
mitted to the Board
The Chairman instructed the Clerk to send a copy of
the excerpts to the Board of Assessors
The Chairman read a letter from Maurice D. Healy,
Director of Veterans ' Services, requesting a transfer
of $1,000
Transfer Upon motion duly made and seconded, it was voted
to recommend to the Appropriation Committee that a trans-
fer of $1,000 be made fromthe Reserve Fund to the
Veterans ' Services Aid and Expenses Account
The Chairman read a letter from Mrs Ann Marchant,
6 Vaille Pvenue , calling the Board 's attention to the
fact her copy of Archibald Williard 's "Spirit of '76"
would be7most fitting display in the Public Facilities
Building, or anywhere else in Town Mrs Merchant is
moving to Rhode Island in the spring and would like to
sell the painting before she leaves
The Chairman se id there are no funds available for
this purpose and suggested that it be referred to the
Historical Society
389
' Notice was received from Kevin H. White, Secretary
of State, advising thatJohn Buckley, Vine Street , William
Iverson, William Melbye, James Street and George Andrews, Cert. of
15 Madewaska Street , Bedford, had applied for an appli- Inc.
cation for a certificate of Incorporation under the name
of Bay State Trappers Association, Inc.
Reports on each individual were received from Chief
Corr.
The matter was held over for one week, at which time
the Board will discuss it with Town Counsel.
Notices were received from the Alcoholic Beverages
Commission relative to the sale of alcoholic beverages ABC
on Veterans ' Day, November 11, and Thanksgiving Day, Nov 11 &
November 25 26
"Package Goods" stores may sell anddeliver alco-
holic beverages between the hours of one o 'clock P.M.
and eleven o 'clock P.M. on Veterans ' Day, November 11,
1965, and until eleven-thirty P.M. on the night before
"Package Goods" stores shall not sell or deliver
alcoholic beverages during the entire day, Thanksgiving
Day, but may sell and deliver such beverages until 11?30
o 'clock P.M. on the bight before .
Upon motion duly made andseconded, it was voted
to grant a taxidriver license to Bruce P. Johnson, License
21 Belknap Stre =t, Arlington, satisfactory character refer-
ence having been received from Chief Corr.
Letter was received from the Board of Fire Com-
missioners advising that Benedict J. Belcastro has Retirement
requested retirement as of January 6, 1966 .
Upon motion duly made and seconded, it was voted
to approve the minutes of the Selectmen's Meeting held Minutes
on November 1, 1965.
Upon motion duly made and seconded, it was voted
to close the Warrant for the 1966 Annual Town Meeting Warrant
on January 10, 1966 .
Mr. Cataldo reported that the Public Works Building
Committee had, during the past two weeks, interviewed
twelve architects , and voted on November 5, 1965 to
recommend to the Board of Selectmen that William A. Halsey
be retained as the architect for the renovations and addi-
tions to the Public Works Building.
Upon motion duly made and seconded, it was voted
to retain William A. Halsey as the architect for the
renovations and additions to the Public Works Building,
G7
390
CI
the terms and final agreement to be prepared by Town Counsel
Mr . Cataldo called the Board 's attention to the fact
that Mr. Halsey said he "understood" his fee shall not
exceed a total sum of $2,000. Mr. Cataldo said it should
be definite that the fee shall not exceed $2,000
Mr. Cataldo asked if the Board should discuss the
letter in the Lexington Minute-man written by the group
of architects with respect tothe Lexington Center plan.
He said he personally questioned them on their statement
the accomplishment of the project was feasible within the
framework of the 1965 article . He said , secondly, he
understood their understanding was there would be very
little Federal aid. He said he was concerned lest the
townspeople get the impression something is going on
that is nowhere near this . He said he thought the
Chairman should talk to the group, and if they are go-
ing to put out releases, they should be in the right
manner. He suggested that the Chairman talk with Donald
Graham.
The Chairman said his approach would be to talk with
the Chairman of the overall comAttee and have whoever
is responsible meet for a discussion.
Mr. Gray was asked to arrange a meeting for the
Chairman and Mr . Kolovson.
Upon motion duly made and seconded, it was voted
to go into Ekecutive Session for the purpose of discussing,
deliberating or voting on matters which, if made public ,
might adversely affect the public security, the financial
interest of the Town, or the reputation of any person.
Following disucssion on the subject of Town Counsel,
it was voted to resume the open meeting.
Upon motion duly made and seconded, it was voted
to adjourn at 10 :05 P.M.
A true record, Attest :
cive, Clerk�, Selector
� V